Defence in VIP police assault case claims driver ignored blue light convoy

30 Jul 2024

In the assault case involving Deputy President Paul Mashatile’s VIP protection officers, a State witness denied claims his car was speeding or that he could see the blue light convoy approaching.

New developments emerged on Tuesday in the case at the Randburg Magistrates’ Court involving eight officers from Deputy President Paul Mashatile’s VIP protection unit. The officers are accused of assaulting people who were travelling on the N1 highway in Johannesburg in July 2023.

Defence lawyer Mswazi Makhubele presented images purportedly from the day of the incident. While some of the still images were clear, others were distorted and appeared to have been extracted from surveillance cameras.

The images showed three BMWs and a blue Polo Vivo, which Makhubele said was the convoy and a State witness’s car, respectively.

The witness, one of the men allegedly assaulted by the officers, told the court that he never saw the flashing blue lights from Mashatile’s convoy nor heard any sirens before his car was forced off the road in what he thought was a hijacking attempt.

The court has ordered that the witness may not be named in the media.

The witness could not confirm that it was his vehicle in the images as the registration was not visible.

Using the photos as evidence, Makhubele suggested the convoy’s lights were clearly visible. He also claimed the defence would present evidence from a civilian witness who said the Polo Vivo was racing with the convoy at speeds of up to 160km/h. The witness maintained his car was travelling at the 120km/h speed limit.

Read more: Members of Mashatile’s protection unit beat me and left me unconscious on N1, says witness

The witness pointed out apparent contradictions in the defence’s comments.

Makhubele said Mashatile was a passenger in one of the cars in the photos. However, the witness responded that the deputy president’s spokesperson had said Mashatile had not been in the convoy.

The deputy president’s spokesperson at the time, Vukani Mde, previously suggested to Daily Maverick that Mashatile had been in the convoy, but not in one of the vehicles involved, or at the scene of the alleged crime.

The defence maintains the accused were acting to protect the deputy president.

The witness also noted previous reports suggesting that the convoy consisted of seven or eight cars, including a metro police vehicle, while only three BMWs were in the photos.

Disputed injuries and damage

The witness said he was beaten unconscious by the VIP protection officers and left on the side of the road.

Makhubele, however, suggested his injuries that had been recorded on the J88 form – which describes injuries suffered by a complainant – were exaggerated and so was the damage to his car, as it already had dents before the incident.

The defence questioned why the J88 form had not been filled in on the day of the incident. The witness responded that it was a Sunday and, given the trauma he had sustained, including losing consciousness, he was under the impression he had survived a hijacking and was simply glad to be home in one piece and wanted to rest.

The witness told the court he had undergone checks at the sick bay at his work on Monday and was given a referral to see a doctor on Tuesday.

While he admitted the car had dents before the incident, he told the court he could only point out the damage that had been inflicted by the officers. He said his girlfriend, who is the owner of the car, would be best placed to describe any other damage related to the incident as he was unconscious at some point after being hit by a rifle.

Intimidation allegation

After the lunch adjournment, the witness reported an incident of intimidation to prosecutor Elize le Roux. The witness said a man in the gallery had accused him of being drunk at the time of the incident. Le Roux instructed the man to refrain from making such comments in the courtroom.

The eight accused are Shadrack Molekatlane Kojana, Johannes Matome Mampuru, Posmo Joseph Mofokeng, Harmans Madumetja Ramokhonami, Phineas Molefo Boshielo, Churchill Mpakamaseni Mkhize, Lesiba Aggrie Ramabu and Moses Fhatuwani.

Charges against them include pointing a firearm, malicious damage to property, reckless and negligent driving, assault with the intent to do grievous bodily harm, attempting to defeat the administration of justice and assault by way of threats.

The trial continues on Wednesday. DM

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South Africa

Disputed injuries and damage

Intimidation allegation